Taylor v. Chicago, Milwaukee & St. Paul Railway Co.

Citations

• 85 Wash. 592
• 148 P. 887
• 1915 Wash. LEXIS 1296

Syllabus

<p>Railroads — Operation—Damages to Property — Liability—Damnum Absque Injuria. The jarring of buildings, the casting of smoke, sparks and soot on premises, and the emission of gases and fumes, necessarily incident to tbe ordinary operation of a railroad through a city, which results in depreciating the value of neighboring property is damnum absque injuria, in the absence of negligence on the part of the railway company.</p> <p>Eminent Domain — Right to Compensation — Damnum Absque Injuria. The constitutional guaranty (Const., art. 1, § 16) that no private property shall be taken or damaged without just compensation is applicable to injuries arising from the commission of some actionable wrong, and does not authorize compensation for depreciation in value caused by a legal act which is in law damnum absque injuria.</p>